Driving While Ability Impaired by Alcohol (DWAI/Alcohol): more than .05 BAC but less than .07 BAC, or other evidence of impairment

Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug)

Driving While Ability Impaired by a Combined Influence of Drugs or Alcohol (DWAI/Combination)

Chemical Test Refusal: A driver who refuses to take a chemical test (normally a test of breath, blood or urine)

Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law

What are the penalties for alcohol or drug-related violations?

In New York State, the penalties for an alcohol or drug-related violation include the loss of driving privileges, fines, and a possible jail term.

Violation

Mandatory Fine

Maximum
Jail Term

Mandatory Driver License Action

Aggravated Driving While Intoxicated (AGG DWI)

$1,000 – $2,500

1 year

Revoked for at least one year

Second AGG DWI in 10 years (E felony)

$1,000 – $5,000

4 years

Revoked for at least 18 months

Third AGG DWI in 10 years (D felony)

$2,000 – $10,000

7 years

Revoked for at least 18 months

Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)

$500 – $1,000

1 year

DWI – Revoked for at least six months
DWAI-Drugs – Suspended for at least six months

Second DWI or DWAI-Drug violation in 10 years (E felony)

$1,000 – $5,000

4 years

Revoked for at least one year

Third DWI or DWAI-Drug violation in 10 years (D felony)

$2,000 – $10,000

7 years

Revoked for at least one year

Driving While Ability Impaired by a Combination of Alcohol/Drugs (DWAI-Combination)

$500 – $1,000

1 year

Revoked for at least six months

Second DWAI-Combination in 10 years (E felony)

$1,000 – $5,000

4 years

Revoked for at least one year

Third DWAI-Combination in 10 years (D felony)

$2,000 – $10,000

7 years

Revoked for at least one year

Driving While Ability Impaired by Alcohol (DWAI)

$300 – $500

15 days

Suspended for 90 days

Second DWAI violation in 5 years

$500 – $750

30 days

Revoked for at least six months

Third or subsequent DWAI within 10 years (Misdemeanor)

$750 – $1,500

180 days

Revoked for at least six months

Zero Tolerance Law

$125 civil penalty and $100 fee to terminate suspension

None

Suspended for six months

Second Zero Tolerance Law

$125 civil penalty and $100 re-application fee

None

Revoked for one year or until age 21

Chemical Test Refusal

$500 civil penalty ($550 for commercial drivers)

None

Revoked for at least one year, 18 months for commercial drivers.

Chemical Test Refusal within five years of a previous DWI-related charge/Chemical Test Refusal

$750 civil penalty

None

Revoked for at least 18 months, one-year or until age 21 for drivers under age 21, permanent CDL revocation for commercial drivers.

Chemical Test Refusal –
Zero Tolerance Law

$300 civil penalty and $100 re-application fee

None

Revoked for at least one year.

Chemical Test Refusal –
Second or subsequent Zero Tolerance Law

$750 civil penalty and $100 re-application fee

None

Revoked for at least one year.

Driving Under the Influence (Out-of-State)

N/A

N/A

Revoked for at least 90 days. If less than 21 years of age, revoked at least one year.

Driving Under the Influence (Out-of State) with any previous alcohol-drug violation

N/A

N/A

Revoked for at least 90 days (longer term with certain prior offenses). If less than 21 years of age, revoked at least one year or until age 21 (longest term).

Additional penalties

greater penalties can also apply for multiple alcohol or drug violations within a 25-year period

surcharges are added to alcohol-related misdemeanors ($260) and felonies (generally $400, but varies slightly depending on court of conviction)

three or more alcohol or drug-related convictions or refusals within 10 years can result in permanent revocation, with a waiver request permitted after at least 5 years

a driver with an Aggravated DWI violation conviction within the prior 10 years will receive a minimum 18-month revocation if convicted of DWI, DWAI/Drugs or DWAI/Combination. Also, a driver with a prior DWI, Aggravated DWI, DWAI/Drugs or DWAI/Combination with the prior 10 years will receive a minimum 18-month revocation

a driver convicted of an Aggravated DWI, DWI, DWAI/Drug, DWAI/combination, vehicular assault and aggravated vehicular assault, or vehicular manslaughter and vehicular homicide three or more times in the preceding 15 year period is guilty of a Class D felony.

The information on this site
is for general information purposes.
Nothing should be taken as legal
advice or tax advice.
You should seek out legal counsel
for specific advice.
Prior results do not guarantee a
similar outcome.
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